BURMI Vs. TEJ BHAN

JUDGEMENT

(1.) SMT. Burmi wd/o Bhim Singh, Krishan Kumar, minor son, and Smt. Darboo, mother of Bhim Singh deceased, filed a petition under Section 110-A of the Motor Vehicles Act, 1939, at Karnal. As per averments given in the petition, it was stated that Bhim Singh was driving the cycle and was going from Pati Kalyana to Bus Stand Samalkha and when he reached near the petrol pump, a truck bearing No. HRG 8027 came from the side of Pati Kalyana which was being driven in a rash and negligent manner struck by the side of the cyclist and in the process even the truck was turned turtle and so Bhim Singh was crushed by the fall of the truck. Bhim Singh died at the spot. One Mahabir s/o Ram Dia resident of Manana saw the whole occurrence who informed the police of Samalkha and first information report was duly lodged. The claimants claimed a sum of Rs. 1,00,000/ -.

(2.) IN pursuance to the notice issued by the Tribunal, respondent Nos. 1 and 3 filed separate written statement. Besides controverting the averments made in the petition on merits, raised preliminary objection in the nature of locus standi; proper Court Fee having not been affixed; petition being bad for non-joinder and mis-joinder of necessary parties and disclosing no cause of action.

(3.) THE Tribunal framed the following issues: